The National Congress passed a new Law regulating the functioning of the Judiciary Council

14/05/2013

The National Congress has passed a new law regulating the functioning of the Judicial Council. This law has not yet been published in the Official Gazette.

Here we explain the main changes in legislation:

• Number of members of the Judicial Council: currently comprises 13 members: six legislators, elected by Congress, a representative of the Executive, three judges, selected by their peers, two lawyers, chosen by their professional group, and an academic chosen by the university presidents. The amendment will expand the number of 13 to 19.

Now the Council will be comprised of:

1. Three (3) judges of the judiciary of the nation, elected by the people of the Nation by universal election. Shall have two (2) representatives to the list that wins a simple majority and one (1) which results in second place.

2. Three (3) representatives of federal licensed attorneys elected by the People of the Nation by universal suffrage. Shall have two (2) representatives to the list that wins a simple majority and one (1) which results in second place.

3. Six (6) representatives of the academic and scientific, with well-known history in one of the officially recognized university disciplines, elected by the people of the Nation by universal suffrage. Four (4) representatives will be attributed to the list that wins a simple majority and two (2) to the resulting second

4. Six (6) legislators. To this end, the Presidents of the Senate and House of Representatives, at the proposal of the parliamentary blocs of political parties shall be three (3) legislators for each, corresponding to two (2) to the majority and one (1) to the first minority.

5. One (1) representative of the Executive.

• Election of members of the Judicial Council: To elect directors of the Judiciary representatives of the academic and scientific, judges and lawyers with federal registration, elections will be held jointly and simultaneously with the elections which national president is elected. Election shall be by a list of candidates nominated by national political groups who apply formulas presidential candidates through open primaries, simultaneous and mandatory. No political groups may be formed for the sole purpose to nominate candidates to the Council of the Judiciary. No nominations may be formalized more than one position and more than one political group. In the first application of the law will be held only once jointly and simultaneously with national elections for legislative offices planned for August primaries and the general election in October.

• Qualifications for membership of the Council: It will be required to have minimum requirements for becoming a representative (previously required conditions to be a judge of the Supreme Court of Justice of the Nation). Directors may not be people who have held public office or hierarchical during the dictatorship or for those opposing ethical conditions are verified to respect for democratic institutions and human rights

• Functions of the Judiciary Council

-It will have the authority to issue its regulations, processing and control and equal access to the judicial contest for both employees and officials.

-Approve and submit to contests Executive binding slates of candidates for judges, by an absolute majority of all members.

-Dictate the rules for the appointment of judges appoint judges surrogates and surrogates in cases of license or suspension of the owner and in case of vacancy for the lower courts in accordance with current legislation.

-Decide the opening of the procedure for removing judges holders, surrogates and retired after the opinion of the Disciplinary Committee and Impeachment, impeach corresponding to the Jury Trial, and order, where appropriate, the suspension of the magistrate. It will require an absolute majority of the members.

• Membership of committees: the Council will be divided in committees, composed as follows:

1. Selection of Judges and Judicial Academy: two (2) representatives of judges, three (3) representatives of legislators, two (2) representatives of the lawyers, the representative of the executive and three (3) representatives from the academic and scientist.

2. Discipline and Prosecution: two (2) representatives of judges, three (3) representatives of legislators, two (2) representatives of lawyers, three (3) representatives of the academic and scientific and the representative of the Executive Branch.

3. Administration and Finance: two (2) representatives of judges, two (2) representatives of legislators, one (1) representative of the firm, the representative of the Executive and three (3) representatives of the academic and scientific.

• Quorum and decisions: the quorum for meetings shall be ten (10) members and shall take decisions by an absolute majority of its members present, except where the law requires special majorities.

In spite of being approved by the National Congress, this law has not yet been published in the Official Gazette.